IMPORTANT POINT
The court established that anticipatory bail can be granted when personal liberty is at stake and no custodial interrogation is necessary.

JUDGMENT :

ALOK KUMAR VERMA, J.

1. The present Application under Section 438 of the Code of Criminal Procedure, 1973 has been filed for Anticipatory Bail under Sections 409, 420, 466, 467, 468, 471 and Section 120B of the Indian Penal Code, 1860 in connection with the Case Crime No. 27 of 2020, registered at police station Khatima, District Udham Singh Nagar.

2. A Special Investigation Team was constituted in compliance with the order of this Court, passed in Writ Petition (PIL) No. 33 of 2019 in the scholarship scam matter. Mr. N.N. Pant, the Inspector, was appointed as a member of the Special Investigation Team. He enquired the matter and lodged an FIR on 01.02.2020.

3. Heard Mr. Pranav Singh, learned counsel for applicant and Mr. Rakesh Negi, learned Brief Holder for State.

4. Mr. Pranav Singh, Advocate, contended that the college in-question, namely, “Om Santosh I.T.I. Chakrati Janta Road Saharanpur, Uttar Pradesh” was run by a Trust, namely, “Om Santosh Educational and Social Welfare Trust.” The present applicant, who was the Chairman of the said Trust, has been falsely implicated in the present matter. The said Institute had given admission to all those students in whose name scholarship was given by the Government. The scholarship amount was deposited by the Government Department directly in the bank accounts of the concerned students. The tuition fee of the Institute was also included in the scholarship amount. The scholarship amount, which was deposited in the bank accounts of the concerned students, were transferred in the account of the Institute. The Institute had kept only the tuition fee and remaining amount of the scholarship were returned to the concerned students. Applicant was not arrested during the course of the investigation. He was granted interim relief in WPCRL No. 478 of 2020, filed by the applicant to quash the First Information Report. He has deposited Rs.2,88,000/- before the District Co-operative Bank Ltd., Saharanpur, in compliance with the order of the Court, passed in the said WPCRL No. 478 of 2020. Applicant is not a previous convict. He is a permanent resident of District Saharanpur, Uttar Pradesh, therefore, there is no possibility of his absconding. Charge-sheet has been filed by the Investigating Officer, therefore, there is no chance of tampering with the evidence, and, five co-accused persons have been granted anticipatory bail by this Court.

5. Mr. Rakesh Negi, learned Brief Holder appearing for State, has opposed the Anticipatory Bail Application orally. However, he further submitted that the charge-sheet has already been filed, therefore, there is no requirement of custodial interrogation.

6. Personal liberty under Article 21 of the Constitution of India is very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case.

7. In the facts and circumstances of the case, applicant – Anil Kumar alias Anil Ojasvi is directed to be released on Anticipatory Bail, in the event of his arrest, on furnishing his personal bond of Rs. 30,000/- and two reliable sureties, each in the like amount on the following conditions:

(i) Applicant shall attend the Trial court regularly and he shall not seek any unnecessary adjournment.

(ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case.

(iii) Applicant shall not leave the country without the previous permission of the Trial Court.

8. It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the concerned authority will be free to move the Court for cancellation of the anticipatory bail.

9. Anticipatory Bail Application (No. 323 of 2024) stands disposed of accordingly.